A Gift is a Gift

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We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it back because you changed your mind.  A recent court case appears to support this assumption. According to Johnston v. Song, 2018….

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Charitable Giving, Estate Planning, Family Conflict, Investments, Probate Tax, Property, Real Estate, Separation, Spouse, Uncategorized

Have you had your ‘Check Up From the Neck Up*’?

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The events over the last few weeks highlight how fragile life is. Anyone of us could have been walking on that sidewalk on that fateful day; we just never know what life has in store for us. This blog isn’t about being prepared, which is a concept I endorse but as I was never a girl guide, I may not be as well prepared as some.  Rather today’s blog is….

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Elder Care

Life Insurance Joint Tenants[1]

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I think it is fair to say that joint ownership of property[2] is one of the most commonly used strategies for property ownership in the context of developing an estate plan.  Like any form of partnership, there are many issues to consider in jointly owning property.  In the context of jointly owned life insurance, there are some specific nuances that must be addressed when dealing with jointly owned life insurance,….

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Insurance, Joint Tenancy

Privacy, the Rule of Law, and Apotex Inc.

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The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….

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Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, Interest

Senior Caregivers in Canada

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Statistics Canada 2012 indicated that 28% of Canadians provided unpaid care to a family member or friend.  Just less than half (12% of all caregivers) were seniors themselves. In fact, this group was most likely to spend the longest hours per week providing care.  Almost one quarter of this group provided 20 hours or more of care per week,  which is almost twice the amount of time provided by those….

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Caregiving

The Toronto Maple Leafs and “Pour Over” Clauses have something in Common

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With the Toronto Maple Leafs season ending earlier this week, I thought I would take this opportunity to discuss the recent B.C. Supreme Court ruling involving the estate of former Leafs head coach, Pat Quinn (“Pat”). On March 9, 2018, B.C. Supreme Court Justice Funt declared the “pour over” clause in Pat’s Will invalid.  The clause could not be “cured” by the Wills, Estates and Succession Act, S.B.C. 2009, c…..

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Estate Administration, Estate Planning, In the News, Wills
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